AMERICAN SOUTH, INC. (Greensboro ) – By Consent, the Commission revoked the firm license of American South effective November 1, 2004. The Commission found that American South, acting as brokers and agents for tenants, property owners, buyers and sellers in real estate transactions, failed to maintain trust money in a properly designated trust account, to properly maintain records of the funds held for others and to properly reconcile its records with bank statements. The Commission noted that there was no evidence of misappropriation of monies belonging to clients or customers.

TAYLOR C. BARBOUR (Leland) – By Consent, the Commission permanently revoked the broker license of Ms. Barbour effective November 22, 2004. The Commission found that Ms. Barbour, as a broker-associate with a real estate firm, wrote checks from the operating account at the direction and for the benefit of the firm’s broker-in-charge, but without the firm’s authorization. The Commission also found that Ms. Barbour accepted a washer and dryer for her own benefit, which she paid for with company funds without the authorization of the company. Ms. Barbour neither admitted nor denied the Commission’s findings. The Commission noted that Ms. Barbour subsequently made full restitution to the firm for the cost of the washer and dryer.

JOHN A. BAYNES (Charlotte ) – By Consent, the Commission reprimanded Mr. Baynes effective January 13, 2005. The Commission found that Mr. Baynes, as principal broker of a real estate firm, continued to renew the license of the firm after it had been dissolved by the North Carolina Secretary of State and under that renewed license operated another firm, which had not been licensed by the Commission. The Commission also found that Mr. Baynes allowed a salesperson affiliated with another firm to act on behalf of the firm he supervised before affiliating with his firm. Mr. Baynes neither admitted nor denied but did not contest the findings.

DANIEL M. BLACK (Charlotte ) – By Consent, the Commission reprimanded Mr. Black effective January 13, 2005. The Commission found that Mr. Black, while acting as broker-in-charge of a real estate firm, failed to prevent a salesperson affiliated with another firm and not yet under his supervision from bringing prospective customers to the office Mr. Black supervised and placing those prospects with another agent in the office without the knowledge or consent of the firm with which the salesperson was then affiliated. Mr. Black neither admitted nor denied but did not contest the findings.

ELIZABETH W. BLAND (Wilmington ) – By Consent, the Commission suspended the broker license of Ms. Bland for a period of 120 days effective March 1, 2005. The Commission then stayed the suspension for a probationary period of one year on certain conditions. The Commission found that Ms. Bland developed a tract of land to subdivide and sell individual lots for residential purposes and then entered into a contract with a purchaser for the sale of a lot prior to obtaining final subdivision approval from the local municipality.

JACKIE C. CLANTON (Statesville ) – By Consent, the Commission suspended the broker license of Mr. Clanton for a period of one year effective December 1, 2004. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Clanton listed a tract of land during 1997 and 1998 and then, after a preliminary plat was drawn to subdivide the property, solicited buyers and sold lots in the subdivision prior to receiving final subdivision approval from Iredell County .

JANE H. CREECH (Winston-Salem ) – By Consent, the Commission suspended the broker license of Ms. Creech for a period of six months effective November 18, 2004. Ninety days of the suspension were active with the remainder stayed for a probationary term. The Commission found that Ms. Creech failed to disclose a 1987 impaired driving conviction on her 1999 salesperson and 2000 broker license applications. The Commission also found that Ms. Creech failed to report in timely manner July 2003 and April 2004 convictions for impaired driving.

WILLIAM S. CROWE (Sapphire) – By Consent, the Commission accepted the permanent voluntary surrender of the broker license of Mr. Crowe effective November 18, 2004. The Commission dismissed without prejudice allegations that Mr. Crowe had violated provisions of the Real Estate License Law and Commission rules. Mr. Crowe did not admit misconduct.

OWEN G. DEVEAUX (Charlotte ) – By Consent, the Commission permanently revoked the salesperson license of Mr. Deveaux effective January 13, 2005. The Commission found that Mr. Deveaux, while affiliated with a licensed real estate firm, procured a buyer who agreed to purchase a property at a price of $159,900, then persuaded the seller to accept $31,900 less for the property and arranged for the closing attorney to pay this amount from the loan proceeds to Mr.Deveaux’s unlicensed business as a second mortgage payoff. This second mortgage fee was false, as the seller did not owe a second mortgage fee to Mr. Deveaux or his business. The Commission also found that Mr. Deveaux did not have an agency agreement to represent anyone in the transaction.

DAVID L. DICKEY (Wrightsville Beach ) – By Consent, the Commission censured Mr. Dickey effective December 11, 2004. The Commission found that Mr. Dickey, as broker-in-charge of a real estate firm, failed to properly supervise trust account record keeping in the manner required by Commission rule. The Commission noted that, after a Commission audit, the trust account was brought into balance by the firm and that no consumer lost any money and no funds were misappropriated.

DUFFUS REALTY, INC. (Greenville ) – By Consent, the Commission reprimanded Duffus Realty effective November 1, 2004. The Commission found that Duffus Realty failed to maintain its trust accounts in compliance with Real Estate License Law and Commission rules and held approximately $4,000 in unidentified funds in a rental trust account for which the firm could not account. The Commission noted that Duffus Realty corrected its accounting errors and that its sales account is now in full compliance.

STEVE J. EVANS (Greenville ) – By Consent, the Commission suspended the broker license of Mr. Evans for a period of one year effective December 31, 2004. The Commission then stayed the suspension for a probationary period of four years effective November 25, 2003 on certain conditions. The Commission found that Mr. Evans, as broker-in-charge of a sole proprietorship, failed to keep his trust account records in compliance with Commission rules.

DORISTINE F. FAULK (Fairmont ) – By Consent, the Commission reprimanded Ms. Faulk effective January 18, 2005.The Commission found that Ms. Faulk failed to disclose a 1995 conviction of misdemeanor worthless check on her 1997 salesperson application and a 1998 conviction for a similar offense within 60 days of final judgment as required by Commission rule. The Commission noted that Ms. Faulk disclosed both convictions on her 2004 broker license application.

JAMES R. HADEN (Statesville ) – By Consent, the Commission suspended the broker license of Mr. Haden for a period of one year effective December 1, 2004. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Haden listed a tract of land during 1997 and 1998 and then, after a preliminary plat was drawn to subdivide the property, solicited buyers and sold lots in the subdivision prior to receiving final subdivision approval from Iredell County .

MONICA M. HAWKE (Southern Pines) – By consent, the Commission suspended the salesperson license of Ms. Hawke for a period of six months, effective December 1, 2004.The Commission then stayed the suspension for a probationary period of one year.The Commission found that Ms. Hawke entered the premises of a former employer without permission from the employer.

JOHNNY E. HEFFNER, SR. (Conover) – By Consent, the Commission suspended the broker license of Mr. Heffner for period of three years effective July 1, 2005. One month of the suspension is to be active with the remainder stayed for a probationary period of three years. The Commission found that Mr. Heffner was twice disciplined by the North Carolina Appraisal Board for, first, performing appraisals that did not comply with the applicable standards and, subsequently, while his appraisal license was suspended as a result of the first action.

DANIEL O. HENNIGAN (Charlotte) – The Commission suspended the broker license of Mr. Hennigan for a period of one year effective November 1, 2004. The Commission then stayed the suspension of a period of two years. The Commission found that Mr. Hennigan was disciplined by the North Carolina Appraisal Board, willfully inflated appraisals and failed to report the suspension of his appraisal certificate to the Commission within 60 days as required by Commission rules.

HUGH M. HOWARD (Durham ) – By Consent, the Commission accepted the permanent voluntary surrender of the broker license of Mr. Howard effective November 1, 2004. The Commission dismissed without prejudice allegations that Mr. Howard had violated provisions of the Real Estate License Law and Commission rules. Mr. Howard did not admit misconduct.

JAMES R. HUNT, JR. (Greensboro ) – By Consent, the Commission suspended the broker license of Mr. Hunt for a period of 24 months effective November 1, 2004. at least, three months of the suspension were to be active with the remainder stayed for a probationary period of 24 months under Mr. Hunt’s completion of the Basic Trust Account Course. The Commission found that Mr. Hunt, acting as principal broker and broker-in-charge of a real estate firm, and as agents for tenants, property, owners buyers and sellers in real estate transactions, failed to maintain trust money in a properly designated trust account, to properly maintain trust account records of the funds held for others and to properly reconcile those records with bank statements. The Commission noted that there was no evidence of misappropriation of monies belonging to clients or customers.

SHERWOOD D. JOHNSON, JR. (Currituck) – By Consent, the Commission suspended the broker license of Mr. Johnson for a period of three years effective October 14, 2004. The suspension was to be active for a period of 18 months with the remainder stayed for a probationary period of 18 months under certain conditions. The Commission found that Mr. Johnson, as broker-in-charge of a real estate firm, deposited the funds of others in his operating account rather than a trust account, thereby commingling the funds of others with his own. The Commission also found that Mr. Johnson failed to retain copies of his trust account records and to produce them for inspection at the request of the Commission and permitted a person not licensed as a broker to oversee the day-to-day operation of the firm without appropriate supervision. The Commission noted that Mr. Johnson made efforts to correct his records and cooperated with Commission auditors.

THOMAS S. LEACH (Gastonia ) – By Consent, the Commission suspended the broker license of Mr. Leach for a period of two years effective December 1, 2004. The Commission then stayed the suspension for a probationary period of four years under certain conditions. The Commission found that Mr. Leach improperly combined two forms to create a lease/purchase agreement which did not adequately address the needs of the parties and failed to properly complete those forms. The Commission also found that Mr. Leach failed to account for monthly payments to be applied to the purchase price for the buyer and disbursed a $5,000 deposit for items not permitted under the terms of the contract. Mr. Leach reimbursed the buyer for the deposit.

TAMMITHA L. LEWIS (Charlotte ) – By Consent, the Commission suspended the broker license of Ms. Lewis for a period of one year effective October 14, 2004. Three months of the suspension were active with the remainder stayed for a probationary period of nine months under certain conditions. The Commission found that Ms. Lewis was charged with larceny while her broker license application was pending and did not disclose the charge at that time. The Commission also found that Ms. Lewis was convicted of larceny in September 2002 and failed to disclose the conviction within 60 days of the final judgment. The Commission noted that Ms. Lewis later disclosed the conviction of her own volition.

THERESA M. LEWIS (Charlotte ) – By Consent, the Commission permanently revoked the salesperson license of Ms. Lewis effective October 13, 2004. The Commission found that Ms. Lewis operated an unlicensed real estate brokerage firm and failed to submit to the supervision of her broker-in-charge. The Commission also found that Ms. Lewis refused to provide either transaction documentation or trust account records to the Commission related to a particular transaction where she had falsely informed the seller that the buyers had deposited a $50,000 earnest money deposit into her trust account. Finally, the Commission found that, in another transaction, Ms. Lewis made changes in the MLS to another agent’s listing without either the agent’s or seller’s permission. In multiple transactions involving a seller, Ms. Lewis failed to provide material facts to the bank, the buyers or the buyers’ lender and gave the bank a contract and closing statement that were different than the documents created by the closing attorney.

STANLEY L. LONG (Matthews) – By Consent, the Commission permanently revoked the broker license of Mr. Long effective January 13, 2005. The Commission found that Mr. Long, as principal broker and broker-in-charge of a real estate firm, procured a buyer who agreed to purchase a property at a price of $164,900, got the seller to accept $27,400 less for the property, and arranged for the closing attorney to pay the difference to Mr. Long as an “assignment fee” from the loan proceeds, a fee that was false. The Commission also found that Mr. Long did not have an agency agreement to represent anyone in the transaction.

LONG REAL ESTATE INVESTMENTS LLC (Matthews) – By Consent, the Commission permanently revoked the firm license of Long Real Estate Investments effective January 13, 2005. The Commission found that Long Real Estate Investments procured a buyer who agreed to purchase a property at a price of $164,900, got the seller to accept $27,400 less for the property, and arranged for the closing attorney to pay the difference to Long Real Estate Investments as an “assignment fee” from the loan proceeds, a fee that was false. The Commission also found that Long Real Estate Investments did not have an agency agreement to represent anyone in the transaction.

DELORES MAPP (West Kenly) – By Consent, the Commission revoked the salesperson license of Ms. Mapp effective November 1, 2004. The Commission found that Ms. Mapp acted as a buyers’ agent for a group of investor-purchasers who contracted to buy a property for $348,000 but the closing statement showed the purchase price as $450,000. The difference was paid back to the investors as a second mortgage payoff; in fact, there was no second mortgage.

WILLIE C. MATTHEWS (Charlotte ) – By consent, the Commission suspended the salesperson license of Mr. Matthews for a period of six months effective December 15, 2004. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Mr. Matthews failed to disclose on his 1998 salesperson application that he had been convicted of driving while license revoked on several occasions between 1987 and 1994, although he did disclose other convictions. The Commission also found that Mr. Matthews failed to disclose on his 2003 application for a broker license certain convictions for driving while license revoked, although he did disclose others, and that he failed to promptly respond to Letters of Inquiry concerning these matters.

PAULETTE ROGERS MCKOY (Garner) – By Consent, the Commission revoked the broker license of Ms. McKoy effective November 1, 2004. The Commission found that Ms. McKoy, as broker-in-charge of a real estate firm, failed to maintain trust account records in the manner required by the Real Estate License Law and Commission rules and that, as a result, funds for an investment group were not properly accounted for while under her control. The Commission also found that Ms. McKoy failed to respond to formal Letters of Inquiry from the Commission in a timely manner. Ms. McKoy will be eligible to apply for reinstatement of her salesperson license after 60 days, upon certain conditions.

PAUL L. MILLER (Winston-Salem ) – By Consent, the Commission suspended the broker license of Mr. Miller for a period of one year effective February 1, 2005. Two months of the suspension are to be active with the remainder stayed for a probationary period of three years. The Commission found that Mr. Miller failed to maintain records of receipt, deposit and disbursement of the funds held for others in the manner required by the Real Estate Law and Commission rules. The Commission noted that Mr. Miller took immediate steps to remedy the problems and completed the Commission’s Basic Trust Account Course.

NATIONS PROPERTY (Raleigh) – By Consent, the Commission revoked the firm license of Nations Property effective November 1, 2004. The Commission found that Nations Property failed to properly maintain trust account records in the manner required by Commission rules.

CHARLENE D. NIELSEN (Greenville ) – By Consent, the Commission reprimanded Ms. Nielsen effective November 1, 2004. The Commission found that Ms. Nielsen, as a real estate broker and the bookkeeper of a real estate brokerage firm, failed to maintain the trust accounts in compliance with the Real Estate License Law and Commission rules. The rental trust account contained approximately $4,000 in unidentified funds for which she could not account. The Commission noted that Ms. Nielsen corrected her accounting errors and the trust account is now in full compliance.

DARRELL S. PENDERGRAPH (Haw River) – By Consent, the Commission revoked the broker license of Mr. Pendergraph effective December 1, 2004. The Commission found that Mr. Pendergraph was convicted in U.S. District Court of 10 counts of mail fraud, seven counts of Making, Possessing, and Altering Forged Securities, and two counts of Transporting Fraudulent Securities in Interstate Commerce. The Commission also found that Mr. Pendergraph was ordered to serve 60 months of incarceration followed by three years of probation, participate in a substance abuse treatment program, refrain from opening new lines of credit without the approval of his probation officer and pay restitution in the amount of $1,431,166.69.

TAM H. PHAN (Raleigh) – By Consent, the Commission suspended the broker license of Mr. Phan for a period of two years effective January 31, 2005. Twelve months of the suspension are to be active and the remainder stayed for a probationary period of two years. The Commission found that Mr. Phan undertook to represent buyers in the purchase of two properties, but failed to disclose to the sellers of one of the properties that he represented the buyers. The Commission also found that Mr. Phan counseled the sellers of that property to cancel their listing contract with the listing broker, counseled one seller to sign the name of the other seller to a contract and to deeds, did not inform his broker of the transaction and misrepresented his relationship with the buyers to the Commission.

SONIA H. RADENCOVICI (Charlotte ) – By Consent, the Commission revoked the salesperson license of Ms. Radencovici effective January 18, 2005. The Commission found that the U.S. District Court of Connecticut adjudged Ms.Radencovici guilty of money laundering and of violating the federal Racketeer Influenced and Corruption Organizations Act (RICO Act)and sentenced Ms. Radencovici to 48 months of incarceration and three years of supervised probation on each count, with the sentences to run concurrently.

STEPHENSON & ASSOCIATES LTD. (Raleigh) – By Consent, the Commission revoked the firm license of Stephenson & Associates effective November 1, 2004. The Commission found that Stephenson & Associates, through its principal broker and broker-in-charge, Thomas A. Stephenson, both a licensed real estate broker and licensed appraiser, relied on representations of the buyer and/or representatives of the buyer in appraising three properties to the effect that numerous and substantial improvements to the properties would be made after closing and then appraised the properties as if the improvements were already in place. The Commission also found that the buyer did not make the improvements after each closing.

THOMAS A. STEPHENSON (Raleigh ) – By Consent, the Commission revoked the broker license of Mr. Stephenson effective November 1, 2004. The Commission found that Mr. Stephenson, both a licensed real estate broker and licensed appraiser, relied on representations of the buyer and/or representatives of the buyer in appraising three properties to the effect that numerous and substantial improvements to the properties would be made after closing and appraised the properties as if the improvements were already in place. The Commission also found that the buyer did not make the improvements after each closing.

C. ELIZABETH SUCHER (Sanford ) – By Consent, the Commission revoked the broker license of Ms. Sucher effective November 5, 2004. The Commission found that Ms. Sucher, as broker-in-charge of a real estate firm between June, 1987 and July, 2001 and again from July, 2002 through June 2004, failed to retain and maintain trust account records in compliance with the Real Estate License Law and Commission rules.

LARRY J. TORRENCE (Sanford ) – By Consent, the Commission revoked the salesperson license of Mr. Torrence effective January 13, 2005. The Commission found that Mr. Torrence, as an owner and sales associate with a real estate firm, failed to maintain the trust accounts of the real estate firm in compliance with the Real Estate License Law and Commission rules. The Commission noted that it is unaware of any consumers who were injured as a result of the issues with regard to maintenance of the trust accounts.

BRENDA L. VENABLE (Wake Forest ) – By Consent, the Commission revoked the salesperson license of Ms. Venable effective January 18, 2005. The Commission found that Ms. Venable failed to disclose on her salesperson license application misdemeanor convictions that occurred between 1982 and 1993 and, after being licensed, failed to disclose a 2000 conviction relating to a domestic dispute. Ms. Venable will be eligible to apply for reinstatement of her license after three months upon certain conditions.

LAWRENCE WILLIAMS (Winston-Salem ) – By Consent, the Commission revoked the salesperson license of Mr. Williams effective January 1, 2005. The Commission found that Mr. Williams failed to advise the seller of two parcels of land to seek subdivision approval by the county prior to subdividing the two lots into five and listing them for sale. Mr. Williams also failed to verify that the subdivision was approved. The Commission also found that Mr. Williams failed to properly identify the first lot being sold and, as a result, the buyer received one of the original parcels, thus making the other lots shown on the proposed subdivision layout unable to be separately marketed.